As amended through September 26, 2024
Rule 3:14A - Intervention by the Commonwealth where constitutionality of law challenged(a)Intervention of right by the Commonwealth . - In any civil action in any circuit court, the Court of Appeals, or the Supreme Court in which a party challenges the constitutionality of a statute or regulation of the Commonwealth or of a provision of the Constitution of Virginia, and in which no party is represented by the Office of the Attorney General, the Attorney General, on behalf of the Commonwealth, is entitled to intervene in the action.(b)Notice to the Attorney General. - A party who files a pleading or written motion challenging the constitutionality of a statute or regulation of the Commonwealth or of a provision of the Constitution of Virginia must promptly (1) file with the court a notice stating the nature of the challenge and identifying the filing in which it was raised and (2) serve a copy of the notice and the filing on the Attorney General by certified or registered mail, return receipt requested, to Notices of Constitutional Challenges, Office of the Attorney General, 202 North Ninth Street, Richmond, Virginia 23219, or by electronic mail to noticesofappeal@oag.state.va.us.(c)Time to Intervene . - The Attorney General, on behalf of the Commonwealth, may intervene in such action by filing a motion to intervene within 30 days after being served with a copy of the notice required by subsection (b), unless the court extends the time to intervene.(d)Further proceedings . - Before the expiration of the time to intervene in subsection (c), or if the party has failed to give the notice required by subsection (b) within 10 days after notice of such failure has been received by the party in writing, the court may reject the constitutional challenge but may not enter a final judgment holding the statute, regulation, or constitutional provision unconstitutional.Adopted by order dated November 10, 2022, effective 1/9/2023.